STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1243

)

SEFTON MILLER d/b/a )

MILLER'S EXXON STATION, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was set in the above styled cause for 9:45 A.M. on October 14, 1977, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration. A Motion for Continuance was filed by the attorney far the Respondent previous to the bearing and said notion was granted.

FINDINGS OF FACT

1. The attorney for the Respondent thereafter filed a statement in part as follows:

   
   

   "It is my understanding that the issues to be presented for decision are whether the sign in question violates the set- back and permit requirements under state and federal law. After a thorough review of the factual background, it appears that the respondent has no alternative but to,

   and does hereby admit the allegations, end consent that the sign was erected in vio- lation of the setback and permit require- ments

   
   

   It is therefore obvious that: the sign should be removed and I would request that he be allowed a period of thirty days from the date of this letter to remove the sign so as to avoid the necessity of further action on the part of the Florida Depart- ment of Transportation."

   
   

2. The above statement was contained in a letter from Richard Wayne Grant, attorney for Sefton Miller, Respondent, and is considered dispositive of the issue.

   CONCLUSIONS OF LAW

   
   

3. The subject sign with copy "Exxon" located 1.8 miles east of State Road

   81 on Interstate Highway 1-10 violates Chapter 479.11 inasmuch as it is within 660 feet of the nearest edge of the right of way and can be seen by the traveling public on the interstate highway system.

   
   

4. No permit was applied for or secured from the Petitioner, Department of Transportation, as required by Section 479.07, Florida Statutes.

RECOMMENDATION

Remove subject sign after November 20, 1977, unless said sign has previously been removed by the Respondent.

DONE and ORDERED this 31st day of October, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Department of Transportation Hayden Burns Building Tallahassee, Florida 32304

Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Hayden Burns Building Tallahassee, Florida 32304

Richard Wayne Grant, Esquire Post Office Box 209 Marianna, Florida 32446

Docket for Case No: 77-001243

Orders for Case No: 77-001243